MEDIA RELEASE

Repeating her call for the need for structural reform of Hawaii’s school system, Gov. Linda Lingle announced in her State of the State Address a proposal to offer Hawaii citizens the opportunity to vote on a constitutional amendment that makes the Department of Education a cabinet department with a superintendent hired by the next governor so everyone will know clearly “where the buck stops.”

The current school system lacks clear lines of authority, responsibility and accountability. Because the Governor, the Legislature, the Board of Education, the Department of Education, and the Superintendent of Education all have roles to play, the public does not know who to hold accountable for consistently mediocre performance.

The Lingle-Aiona Administration’s proposal would make the next governor accountable for public education.

TITLE: A BILL FOR AN ACT PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF HAWAII TO MAKE THE DEPARTMENT OF EDUCATION A PRINCIPAL DEPARTMENT OF STATE GOVERNMENT.

PURPOSE: To amend Hawaii’s Constitution by making the Department of Education into a cabinet-level department.

JUSTIFICATION: The current governance structure of public education in Hawai‘i has proven over the years that it is incapable of effectively managing the resources or producing the results necessary to meet the educational needs of Hawai‘i’s children.

Accordingly, this bill amends the State Constitution in order to create an educational system with clear lines of accountability, from which students, teachers, parents, and the community at large will be able to hold government leaders accountable.

Specifically, this bill amends the State Constitution to make the Department of Education into a “principal department of state government” (i.e., a cabinet department). The State Constitution provides generally that a principal department has its leadership (whether an executive officer or a board/commission) nominated and, by and with the advice and consent of the Senate, appointed by the Governor. The intent of this measure is to lay the constitutional groundwork for changes in statutory law that provide for a Department of Education headed by a superintendent that is appointed by Governor and confirmed by the Senate, similar to other departments of state government. Under this structure, a board of education becomes unnecessary.

Thus, this measure will make the Governor directly accountable for the condition of public education within the State, as the Governor will be held accountable for his or her selection of superintendent, and the subsequent educational performance under that superintendent. This will improve the State’s ability to effectively and expeditiously manage educational resources and execute policies and procedures.

A companion measure is being introduced to make the necessary statutory amendments that set out the specific structural details of this new relationship between the Governor, the superintendent, and the Department of Education. Provisions in that measure would repeal the powers and duties of the publicly elected Board of Education; establish the Department of Education within with state administration to serve as a cabinet-level department; and authorize the Governor to appoint the superintendent of education, subject to confirmation by the State Senate. The measure would take effect upon ratification of this constitutional amendment.

Impact on the public: Increased government accountability will lead to improvements in the State’s public education system, from which students, teachers, families, and the community will benefit.

Impact on the department and other agencies: Clear lines of authority in the governance structure of public education will create greater stability and allow for a more expedient execution of policies and procedures that govern the Department of Education.

GENERAL FUND: None.

OTHER FUNDS: None.

EFFECTIVE DATE: Takes effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

ATTACHMENT: Proposed organizational chart.